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Patna High CourtCR. MISC./19270/2024allowed

Ritik Kumar v. The State Of Bihar

2024-04-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19270 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Ritik Kumar Son of Lallu Yadav @ Lal Kishore Kumar Resident of villageMilkipar, Behind the Railway Station, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Goswami For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 336, 504, 353, 34 of the Indian Penal Code and 27 of Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant and pelted stones upon him and created hindrance in discharging his duty. One of the accused persons opened fire on air by a country made pistol.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.19270 of 2024(2) dt.02-04-2024 2/2 omnibus in nature. He has been made accused in the present case merely on the basis of suspicion. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No.67335 of 2023 vide order dated 03.11.2023. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as similarly situated co-accused persons have been granted bail, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bakhtiyarpur Rail P.S. Case No.74 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T